Study On The Judicial Review Of Administrative Action Rationality

With the continuous development of administrative discretion and the gradual expansion of the government to exercise the executive power of the standard has a higher demand. The administrative act of the government is not only in line with the provisions of the law, but also to be reasonable. Legitimacy reflects the most basic justice, and rationality expresses a higher degree of justice. The question of reasonableness is the extension of the legitimacy problem, which is the question of the legitimacy of the substantive significance. Administrative rule of law is the embodiment of the principle of governing the country in the field of administrative law. The core of administrative rule of law lies in realizing the effective control of administrative power. Montesquieu said, "All powerful people are prone to abuse of power, which is the eternal experience, the power of people to use power has been encountered in a limit to stop the way to prevent abuse of power is to power Constraint power". The judicial review of administrative acts by the people’s court is of great significance to the maintenance of fairness and justice and the realization of administration according to law. Therefore, for the executive power, the judicial review is the most effective way to control the executive power and methods.China’s current "Administrative Procedure Law" only provides that the court can conduct a review of the legitimacy of administrative acts, the administrative action is reasonable, that is, the exercise of administrative power is reasonable judicial review has not yet made further provisions. The principle of the principle of judicial review in the administrative litigation and the principle of legitimacy and the principle of rationality of the administrative rule of law are not only hindered the development of the judicial review theory, but also the administrative and administrative crimes in the judicial practice The relative interests of the administrative counterparts have also occurred, the administrative counterparts in the face of such a situation because there is no corresponding legal remedies are often in an awkward position. Therefore, the author in the article focus on the administrative behavior of the judicial review of some of the analysis and discussion, hope to the relevant theory and judicial practice to help.